No. 24-1244

David A. McMaster, Jr. v. Pennsylvania

Lower Court: Pennsylvania
Docketed: 2025-06-05
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: emergency-aid-exception fourth-amendment law-enforcement-search probable-cause protective-sweep-doctrine warrantless-entry
Latest Conference: 2025-11-14 (distributed 2 times)
Question Presented (from Petition)

Whether it is an improper expansion of the "emergency aid exception" and/or "protective sweep doctrine" to authorize a warrantless entry into a home without any objective evidence that anyone was in the home and needed aid, where an officer is concerned, based on his experiences involving individuals under the influence of controlled substances, that there could be a person in the home suffering from a potential overdose or medical emergency?

Question Presented (AI Summary)

Whether it is an improper expansion of the 'emergency aid exception' and/or 'protective sweep doctrine' to authorize a warrantless entry into a home without any objective evidence that anyone was in the home and needed aid, where an officer is concerned, based on his experiences involving individuals under the influence of controlled substances, that there could be a person in the home suffering from a potential overdose or medical emergency?

Docket Entries

2025-11-17
Petition DENIED.
2025-10-29
DISTRIBUTED for Conference of 11/14/2025.
2025-10-09
Brief of Commonwealth of Pennsylvania in opposition submitted.
2025-10-09
Brief of respondent Commonwealth of Pennsylvania in opposition filed.
2025-10-09
Brief of respondent Pennsylvania in opposition filed.
2025-09-02
Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2025.
2025-08-29
Motion of Commonwealth of Pennsylvania for an extension of time submitted.
2025-08-29
Motion to extend the time to file a response from September 10, 2025 to October 10, 2025, submitted to The Clerk.
2025-08-11
Response Requested. (Due September 10, 2025)
2025-07-09
DISTRIBUTED for Conference of 9/29/2025.
2025-06-26
Waiver of Commonwealth of Pennsylvania of right to respond submitted.
2025-06-26
Waiver of right of respondent Commonwealth of Pennsylvania to respond filed.
2025-06-02
Petition for a writ of certiorari filed. (Response due July 7, 2025)

Attorneys

Commonwealth of Pennsylvania
Brian Ray SinnettAdams County district Attorney's Office, Respondent
Robert A. Bain IIAdams County District Attorney's Office, Respondent
David A. McMaster, Jr.
Heidi Rae FreeseTucker Arensberg, P.C., Petitioner